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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

disinheriting spouse

79 replies

savethatkitty · 05/02/2021 12:20

Background - DH & I have always kept separate finances, due to him being useless with money and me not. During our marriage, all property and assets have been saved for and purchased by me, in my name only, from years of saving by me. DH has contributed nothing to savings or purchasing of property/assets.

When I die, I don't want him to inherit or profit from my estate. Instead I want our 2 DD to benefit from my estate. That is the whole reason I am investing and buying property, so that one day they may benefit.

Has anybody else done this. Does it hold up legally?

OP posts:
GreenClock · 06/02/2021 14:01

I completely understand why someone with a feckless spouse would want to do this. But don’t leave him high and dry OP, cos your kids and grandkids will have to handle the fallout. Put something in place for him.

CayrolBaaaskin · 06/02/2021 14:15

What’s interesting is that on mn there are so often threads about how there’s a widespread belief that common law marriage is a thing and women need to be married for protection. Yet there are so many myths and misunderstandings about marriage such as on this thread (all property owned jointly etc.). Married people own property in their own name same as anyone else. In England they may leave it to anyone they choose. A dependant may have a claim under the inheritance act if they get nothing but that is far from guaranteed.

AlwaysLatte · 06/02/2021 14:20

We have a blended family including children together. Our houses have us both on the deeds but there is lifetime interest in the main house to the other then split equally between the children (done via solicitor with a Trust).

morninglive · 06/02/2021 20:55

@CayrolBaaaskin

Married people own property in their own name same as anyone else. In England they may leave it to anyone they choose

This does need to be qualified with the proviso that only money earned by the spouse and kept seperately by the spouse and paid for by the spouse, can be willed as seperate property.

My BILs DW died and set up a will leaving 'her property' to her DDs. This included a brand new Volvo. The V5 was in her name. The invoice was in her name. The payment came from a credit card in her name....but the £12K balance came from the joint account only my BIL paid into, and the trade in was a car my BIL bought for her. This balance the 'DW' funnelled into her credit card to pay off the car. Hence it is joint property.

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